HB0220 Engrossed LRB094 06223 RXD 36293 b

1     AN ACT in relation to criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Sections 24-3 and 37-1 as follows:
 
6     (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
7     Sec. 24-3. Unlawful Sale of Firearms.
8     (A) A person commits the offense of unlawful sale of
9 firearms when he or she knowingly does any of the following:
10         (a) Sells or gives any firearm of a size which may be
11     concealed upon the person to any person under 18 years of
12     age.
13         (b) Sells or gives any firearm to a person under 21
14     years of age who has been convicted of a misdemeanor other
15     than a traffic offense or adjudged delinquent.
16         (c) Sells or gives any firearm to any narcotic addict.
17         (d) Sells or gives any firearm to any person who has
18     been convicted of a felony under the laws of this or any
19     other jurisdiction.
20         (e) Sells or gives any firearm to any person who has
21     been a patient in a mental hospital within the past 5
22     years.
23         (f) Sells or gives any firearms to any person who is
24     mentally retarded.
25         (g) Delivers any firearm of a size which may be
26     concealed upon the person, incidental to a sale, without
27     withholding delivery of such firearm for at least 72 hours
28     after application for its purchase has been made, or
29     delivers any rifle, shotgun or other long gun, incidental
30     to a sale, without withholding delivery of such rifle,
31     shotgun or other long gun for at least 24 hours after
32     application for its purchase has been made. However, this

 

 

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1     paragraph (g) does not apply to: (1) the sale of a firearm
2     to a law enforcement officer or a person who desires to
3     purchase a firearm for use in promoting the public interest
4     incident to his or her employment as a bank guard, armed
5     truck guard, or other similar employment; (2) a mail order
6     sale of a firearm to a nonresident of Illinois under which
7     the firearm is mailed to a point outside the boundaries of
8     Illinois; (3) the sale of a firearm to a nonresident of
9     Illinois while at a firearm showing or display recognized
10     by the Illinois Department of State Police; or (4) the sale
11     of a firearm to a dealer licensed as a federal firearms
12     dealer under Section 923 of the federal Gun Control Act of
13     1968 (18 U.S.C. 923).
14         (h) While holding any license as a dealer, importer,
15     manufacturer or pawnbroker under the federal Gun Control
16     Act of 1968, manufactures, sells or delivers to any
17     unlicensed person a handgun having a barrel, slide, frame
18     or receiver which is a die casting of zinc alloy or any
19     other nonhomogeneous metal which will melt or deform at a
20     temperature of less than 800 degrees Fahrenheit. The
21     Department of State Police shall publish a list of firearms
22     prohibited under this paragraph (h) at least annually for
23     each federal firearms dealer required to participate in
24     Section 3.1 of the Firearm Owners Identification Card Act.
25     The provisions of this paragraph (h) do not apply to a
26     federal firearms dealer that sells a prohibited firearm if
27     the Department does not publish a list of prohibited
28     firearms as required under this paragraph (h). For purposes
29     of this paragraph, (1) "firearm" is defined as in the
30     Firearm Owners Identification Card Act; and (2) "handgun"
31     is defined as a firearm designed to be held and fired by
32     the use of a single hand, and includes a combination of
33     parts from which such a firearm can be assembled.
34         (i) Sells or gives a firearm of any size to any person
35     under 18 years of age who does not possess a valid Firearm
36     Owner's Identification Card.

 

 

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1         (j) Sells or gives a firearm while engaged in the
2     business of selling firearms at wholesale or retail without
3     being licensed as a federal firearms dealer under Section
4     923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
5     In this paragraph (j):
6         A person "engaged in the business" means a person who
7     devotes time, attention, and labor to engaging in the
8     activity as a regular course of trade or business with the
9     principal objective of livelihood and profit, but does not
10     include a person who makes occasional repairs of firearms
11     or who occasionally fits special barrels, stocks, or
12     trigger mechanisms to firearms.
13         "With the principal objective of livelihood and
14     profit" means that the intent underlying the sale or
15     disposition of firearms is predominantly one of obtaining
16     livelihood and pecuniary gain, as opposed to other intents,
17     such as improving or liquidating a personal firearms
18     collection; however, proof of profit shall not be required
19     as to a person who engages in the regular and repetitive
20     purchase and disposition of firearms for criminal purposes
21     or terrorism.
22         (k) Sells or transfers ownership of a firearm to a
23     person who does not display to the seller or transferor of
24     the firearm a currently valid Firearm Owner's
25     Identification Card that has previously been issued in the
26     transferee's name by the Department of State Police under
27     the provisions of the Firearm Owners Identification Card
28     Act. This paragraph (k) does not apply to the transfer of a
29     firearm to a person who is exempt from the requirement of
30     possessing a Firearm Owner's Identification Card under
31     Section 2 of the Firearm Owners Identification Card Act.
32     For the purposes of this Section, a currently valid Firearm
33     Owner's Identification Card means (i) a Firearm Owner's
34     Identification Card that has not expired or (ii) if the
35     transferor is licensed as a federal firearms dealer under
36     Section 923 of the federal Gun Control Act of 1968 (18

 

 

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1     U.S.C. 923), an approval number issued in accordance with
2     Section 3.1 of the Firearm Owners Identification Card Act
3     shall be proof that the Firearm Owner's Identification Card
4     was valid.
5     (B) Paragraph (h) of subsection (A) does not include
6 firearms sold within 6 months after enactment of Public Act
7 78-355 (approved August 21, 1973, effective October 1, 1973),
8 nor is any firearm legally owned or possessed by any citizen or
9 purchased by any citizen within 6 months after the enactment of
10 Public Act 78-355 subject to confiscation or seizure under the
11 provisions of that Public Act. Nothing in Public Act 78-355
12 shall be construed to prohibit the gift or trade of any firearm
13 if that firearm was legally held or acquired within 6 months
14 after the enactment of that Public Act.
15     (C) Sentence.
16         (1) Any person convicted of unlawful sale of firearms
17     in violation of any of paragraphs (c) through (h) of
18     subsection (A) commits a Class 4 felony.
19         (2) Any person convicted of unlawful sale of firearms
20     in violation of paragraph (b) or (i) of subsection (A)
21     commits a Class 3 felony.
22         (3) Any person convicted of unlawful sale of firearms
23     in violation of paragraph (a) of subsection (A) commits a
24     Class 2 felony.
25         (4) Any person convicted of unlawful sale of firearms
26     in violation of paragraph (a), (b), or (i) of subsection
27     (A) in any school, on the real property comprising a
28     school, within 1,000 feet of the real property comprising a
29     school, at a school related activity, or on or within 1,000
30     feet of any conveyance owned, leased, or contracted by a
31     school or school district to transport students to or from
32     school or a school related activity, regardless of the time
33     of day or time of year at which the offense was committed,
34     commits a Class 1 felony. Any person convicted of a second
35     or subsequent violation of unlawful sale of firearms in
36     violation of paragraph (a), (b), or (i) of subsection (A)

 

 

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1     in any school, on the real property comprising a school,
2     within 1,000 feet of the real property comprising a school,
3     at a school related activity, or on or within 1,000 feet of
4     any conveyance owned, leased, or contracted by a school or
5     school district to transport students to or from school or
6     a school related activity, regardless of the time of day or
7     time of year at which the offense was committed, commits a
8     Class 1 felony for which the sentence shall be a term of
9     imprisonment of no less than 5 years and no more than 15
10     years.
11         (5) Any person convicted of unlawful sale of firearms
12     in violation of paragraph (a) or (i) of subsection (A) in
13     residential property owned, operated, or managed by a
14     public housing agency or leased by a public housing agency
15     as part of a scattered site or mixed-income development, in
16     a public park, in a courthouse, on residential property
17     owned, operated, or managed by a public housing agency or
18     leased by a public housing agency as part of a scattered
19     site or mixed-income development, on the real property
20     comprising any public park, on the real property comprising
21     any courthouse, or on any public way within 1,000 feet of
22     the real property comprising any public park, courthouse,
23     or residential property owned, operated, or managed by a
24     public housing agency or leased by a public housing agency
25     as part of a scattered site or mixed-income development
26     commits a Class 2 felony.
27         (6) Any person convicted of unlawful sale of firearms
28     in violation of paragraph (j) of subsection (A) commits a
29     Class A misdemeanor. A second or subsequent violation is a
30     Class 4 felony.
31         (7) Any person convicted of unlawful sale of firearms
32     in violation of paragraph (k) of subsection (A) commits a
33     Class 4 felony. A third or subsequent conviction for a
34     violation of paragraph (k) of subsection (A) is a Class 1
35     felony.
36     (D) For purposes of this Section:

 

 

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1     "School" means a public or private elementary or secondary
2 school, community college, college, or university.
3     "School related activity" means any sporting, social,
4 academic, or other activity for which students' attendance or
5 participation is sponsored, organized, or funded in whole or in
6 part by a school or school district.
7     (E) A prosecution for a violation of paragraph (k) of
8 subsection (A) of this Section may be commenced within 6 years
9 after the commission of the offense. A prosecution for a
10 violation of this Section other than paragraph (g) of
11 subsection (A) of this Section may be commenced within 5 years
12 after the commission of the offense defined in the particular
13 paragraph.
14 (Source: P.A. 93-162, eff. 7-10-03; 93-906, eff. 8-11-04.)
 
15     (720 ILCS 5/37-1)  (from Ch. 38, par. 37-1)
16     Sec. 37-1. Maintaining Public Nuisance. Any building used
17 in the commission of offenses prohibited by Sections 9-1, 10-1,
18 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-21, 11-22,
19 12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1,
20 28-3, 31-5 or 39A-1 of the Criminal Code of 1961, or prohibited
21 by the Illinois Controlled Substances Act, or the Cannabis
22 Control Act, or used in the commission of an inchoate offense
23 relative to any of the aforesaid principal offenses, or any
24 real property erected, established, maintained, owned, leased,
25 or used by a streetgang for the purpose of conducting
26 streetgang related activity as defined in Section 10 of the
27 Illinois Streetgang Terrorism Omnibus Prevention Act is a
28 public nuisance.
29     (a-5) A building used in the commission of an offense
30 prohibited by Section 24-3 of this Code may be abated as a
31 public nuisance only if the person using the building for the
32 commission of the offense has been convicted of a violation of
33 Section 24-3 and the building was used in the commission of a
34 violation of paragraph (h) of subsection (A) of Section 24-3.
35     (b) Sentence. A person convicted of knowingly maintaining

 

 

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1 such a public nuisance commits a Class A misdemeanor. Each
2 subsequent offense under this Section is a Class 4 felony.
3 (Source: P.A. 91-876, eff. 1-1-01.)
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.